logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.05.18 2017고단2737
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 4, 2012, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act (driving in drinking), and on August 14, 2014, a summary order of KRW 1 million was issued in the same court as the same crime.

[2] On October 14, 2017, at around 21:50, the Defendant driven a DNA strawing car with alcohol content of about 2.8 km from the Defendant’s container accommodation in Jeju to the front road of the Eston golf course located in the north-ro 186, 186, both of which are under the influence of alcohol content of about 0.136%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, report on investigation (verification of that type of force), and the application of statutes;

1. Relevant legal provisions and the choice of punishment concerning the facts constituting a crime: The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Reduction of amount: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to recognize and reflect a crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation and community service order: The grounds for sentencing under Article 62-2 of the Criminal Act shall be determined as ordered by taking into account all the circumstances, such as the blood alcohol concentration at the time of committing the instant crime, the circumstances after committing the crime, and the Defendant’s age;

arrow